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ENCROACHMENT PERMIT GENERAL PROVISIONS <br />13-1. <br />1.This permit is issued under and subject to all laws and ordinances of agencies-goverillng the encroachment hereiu permitted.-See.the <br />following references: <br />STREETS AND HIGHWAYS CODE <br />1.Division 1,Chapter 3 <br />2.Division 2,Chapter 2,Section 942 <br />3.Division 2,Chapter 4,Section 1126 <br />4.Division 2,Chapter 5.5 and Chapter 6 <br />SAN JOAQUJN COUNTY ORDINANCES NUMBERED:324,441,~648,662,672,695,700,860,892,3359,and 3675. <br />2.It is understood and agreed by the Pe.r.o:ritteethat the performance of any work urrder this permit shall constitute an acceptance of all the <br />provisions contained herein and failure on the Permittee's partto comply with any provision will be cause for revocation of this permit <br />Except as otherwise provided for public agencies and franchise holders,this permit is revocable on five d'!Ys notice. <br />3.All work shall be done subject to the supervision of and the satisfaction of the grantor.Jhe Permittee shall at all times during the progress- <br />of me work keep the County Highway in as neat and clean condition as is possible and upon completion of me work aumor..zeu herein., <br />shall leave the County Highway in a thoroughly neat clean and usable cOn~tion.. <br />4.The Permittee'also agrees by the acceptance ofmis permit to properly maintain any encroachment structure-placed by the Permittee on 8..T1Y <br />part of me County nJghway and to immediately repair any damage to any portion of the highway,which occurs as a result of the <br />maintenance of the said encroachment structure,until such time as the Permittee may be relieved of the responsibility for such maintenance <br />by me County of San Joaquin. <br />5.The Permittee also agrees by the acceptance of this permit to make,.at its ovm expense,such repairs as may be deemed necessary by the <br />County Depar'tIDent of Public Works. <br />.. <br />6.It is further agreed by the Permittee that whenever construction,reconstruction or maintenance work upon the bighway is necessary.the <br />installation provided for herem shall,upon request of the County Department of Public Works,be immediately moved or removed by and <br />at the sol,e expense oithe Permittee. <br />7.No material used for fill or backfill in the construction of the encroachment shall be borrowed or taken from Vvithin the County right of <br />Viray. <br />s.All work shall be planned and cfu-TIedout with as little inconvenience as possible to the traveling public.No material shall be stacked <br />within eight reet (8')of the edge of the pavement or traveled way unless othervvise provided herein.Adequate provision shall be made for <br />the protection of the traveling public.Traffic control standards shall be utilized including barricades;approved signs and lights;and <br />flagmen,as required by the particular work in progress. <br />9.Tne Permittee,by the acceptance of this permit,shall assume full responsibility for all liability for personal injury or damage to property <br />which may arise out oime work herein pennitted or which may arise out of the failure of the part ofllie Permittee to properly perform the <br />work provided under this permit.In the event any claim of such liability is made against the COUDtyof San Joaquin or any department, <br />official or employee thereof,the Permittee shall defend,indemnify,and hold each of them harmless for such claim. <br />10.AU backfill material is to be moistened as necessary and thoroughly compacted with mechauical means.Ifrequired by the County Director <br />of Public Works,such backfill shall consist of gravel or crushed rock The Permittee shall maintain the surface over structures placed <br />hereunder as may be necessary to insure the return of the roadway to a completely stable condition and until relieved of such responsibility <br />by the County Department of Public Works.Wherever a gravel,crushed rock or asphalt surface is removed or damaged in the course of <br />work related to the permitted encroachment such material shall either be separately stored and replaced in the roadWiiY as nearly as <br />possible in its original state or shall be replaced in kind,and the roadway shall be left in at least as good a condition as it was before the <br />commencement of operations of placing the encroachment structure. <br />11.Vilhenever it becomes necessary to secure permission from abutting property ovmers for the proposed work,such authority must be secured <br />by the Permittee prior to starting work. <br />12.The current and future safety and convenience of the traveling public shall be given every.consideration in the location and ~ethods of <br />construction utilized.. <br />13.The Permittee is responsible for the preservation of survey monuments located within the area of work herein permitted.Prior to me start <br />of construction,survey monun"lcnts that potentially may be disturbed shEll be loca.c"'"edand referenced by a Licensed Land Surveyor,and a <br />Comer Record filed with the County Sll.tl'eyor.Any SUJvey Monuments disturbed during the course of construCTIon shall be reest'iblished <br />by a Licensed Land Surveyor :,mdanother Corner Record filed with the County Surveyo~_(Land Su.....veyOl"s'Act Section 8771) <br />14.Prior to .any excavation,the Permittee shall notify USA North (Underground Service Alert of North em California and Nevada)at 811 or <br />800-227-2600 forty-eight (48)hours in advance.